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PAHUNCH: Strengthening the Poor and Marginalized Communities’ Access to Justice and Security in Nepal

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PAHUNCH: Strengthening the Poor and Marginalized Communities’ Access to Justice and Security in Nepal. Mid-Term Review Report Submitted to Search for Common Ground 293/2, Nursery Marga Lazimpat, Kathmandu Submitted by Shiva K Dhungana Institutional Learning Team (ILT) With research support from Manisha Lamsal 2 January 2018 0 Acknowledgements The review team would like to thank Search for Common Ground (Search) Country office and its leadership for proving me with the opportunity to carry out this mid-term review of Pahunch Project. Their contribution in finalizing the terms of reference as well as interview questions is also highly appreciated. Similarly, thanks are also due to Search Regional managers, field coordinators and partner organizations for facilitating the field interviews, focused group discussions and group meetings on a very short notice. Special thanks to members of COCON and CeLRRd in Sunsari, JAWAS in Janakpur, Mandwi, ECDC and Rautahat FM in Rautahat, CeLRRd in Rupandehi and HWPEC, CeLRRd and Nav Yug FM in Dang for their time to talk with the review team and offer their insights and analyses of the project, its success, weaknesses, challenges, and lesson learned. Thanks, are also due to the District Judge, Superintendent of Police, other police officials and legal prosecutors, lawyers, partner staff and advisors, CMC members and participants of football clinic, drama clinic and community dialogues, among others. Last, but not least, we would like to thank the drivers who drove us from Biratnagar to Dang and back to Bhairahawa that made our hectic travel comfortable. Shiva K Dhungana Manisha Lamsal Kathmandu 2 January 2018 1 List of Abbreviations and Acronyms ADB Asian Development Bank AG Attorney General CeLRRd Centre for Legal Research and Resource Development CMC Community Mediation Centre COCON Common Platform for Common Agenda CPN-UML Communist Party of Nepal – Unified Marxist-Leninist CSJS Centre for Security and Justice Studies DFID Department for International Development DIG/AIG/IG (P) Deputy/Additional/Inspector General of Police DJKYC Dalit Jana Kalyan Youth Club DLPIC District Level Project Implementation Committee DME&A Design, Monitoring, Evaluation and Accountability DPAC District Project Advisory Committee DWCO District Women and Children Office ECDC Environment and Child Development Council EOI Expression of Interest FGDs Focus Group Discussions GoN Government of Nepal HMIC UK Her Majesty's Inspectorate of Constabulary, UK HUCODAN Human Rights and Community Development Academy Nepal HWEPC Human Welfare and Environment Protection Centre IEC Information Educations and Communications ILT Institutional Learning Team IP-SSJ Integrated Programme for Strengthening Security and Justice JAWAS Janaki Women’s Awareness Society JSCC Justice Sector Coordination Committee KIIs Key Informants’ Interviews LGU Local Government Unit MTR Mid-Term Review MIPP Modernization and Improvement in Policing Project NGOs Non-Government Organizations NP-RPD Nepal Police-Research and Planning Directorate Pahunch Strengthening the Poor and Marginalized’s Access to Justice and Security in Nepal RRN Rural Reconstruction Nepal Search Search for Common Ground SP Superintendent of Police UCPN-Maoist Unified Communist Party of Nepal - Maoist VDC Village Development Committee SGBV Sexual and Gender-Based Violence S&J Security and Justice TNAs Training Needs Assessments UNOPS United Nations Office of Project Services VAW Violence Against Women VLA Victim Legal Aid WWG Women Watch Group 2 Contents Acknowledgements 1 List of Abbreviations and Acronyms 2 Executive Summary 4 CHAPTER-ONE 10 1.1 Context 10 1.2 Introduction 11 1.3 Project Objectives and Desired Results 11 1.4 Scope of the Project 12 1.5 Project Activities 13 CHAPTER - TWO 15 2.1 Evaluation’s Objective and Methodologies 15 2.2 Key Review Questions 16 2.3 Scope and Limitations of the Review Process 17 CHAPTER - THREE 18 3.1 Evaluation Findings 18 3.1.1 Relevance of the Project to Target Communities/Stakeholders 18 3.1.3 Progress Towards Results 32 3.1.4 Coordination within Pahunch Project Consortium and Across IPSSJ Partners 38 CHAPTER-FOUR 45 4.1 Conclusions and Recommendations 45 4.1.1 Conclusions 45 4.1.2 Recommendations 47 ANNEXES 50 Annex 1: List of people Interviewed (Project Participants, Partners, SFCG Staff) 50 Annex 2: Terms of Reference (ToR) for the MTR of Pahunch Project 53 Annex 3: Data collection tools 58 3 Executive Summary Context The project was designed in 2014 when the second (term) Constituent Assembly (CA) was struggling to finalize the Constitution of the Country. During the past three years (2015-17), the political and conflict dynamics have changed significantly with the promulgation of the constitution followed by multiple violent protests by the Madhes-based political parties; corresponding 5 month-long Indian economic blocKade; change of political alliances and the subsequent change of the guard of the government multiple times. During the project period, the country also witnessed a devastating earthquaKe that shook the very foundation of government priority, economy, infrastructures, and everyday lives of people. This was followed by a massive flood in early 2017 in the Pahunch project districts. Despite all these political turmoil and natural calamities, the country witnessed a series of peaceful local government elections for the first time since 1999 and the election of the Federal as well as provincial Parliament. The past two years also saw the gradual implementation of the Constitution of the Federal Democratic Republic of Nepal promulgated in 2015. As Nepali society and polity have been driven by feudal culture for centuries, the fundamental challenges facing the poor, marginalized, women and rural youth remains unchanged over the decades notwithstanding the democratic transitions. The aforementioned groups were frequently denied access to security and justice services, among others. The lacK of public Knowledge and trust about police and court processes along with the role of middlemen in the manipulation and exploitation of poor and vulnerable people further prevent the public from easily accessing the security and justice services in rural areas, especially in the Madhes. Project introduction Search for Common Ground Search), in partnership with the Centre for Legal Research Resource Development (CeLRRd), Human Rights and Community Development Academy Nepal (HUCODAN), and Centre for Security and Justice Studies (CSJS), is implementing a 4-year project titled Pahunch: Strengthening the Poor and Marginalized’s Access to Justice and Security in Nepal. With a total budget of GBP 3.44 million, the project is funded by DFID Nepal, which is part of DFID Nepal's Integrated Programme on Strengthening Security and Justice (IP-SSJ). It started on 5th January 2015 and will continue until 31 December 2018. Project objectives It aims to improve access to security and justice services for the poor and marginalized communities, specifically women, in target districts. The project is built on five output areas: Output 1: Increasing public awareness on security and justice issues; Output 2: Improving citizen-police relationships and mutual accountability; Output 3: Improving police responsiveness; Output 4: Improving court responsiveness and legal aid and Output 5: Community mediation. The scope of the project The project is implemented in 12 districts namely Sunsari, Saptari Siraha, Dhanusha, Mahottari, Sarlahi, Rautahat, Kathmandu, Nawalparasi, Rupandehi, Kapilvastu, and Dang. These districts were selected in consultation with the NP-Research and Planning Directorate (RPD), United Nations Office for Project Services (UNOPS) and DFID, and with reference to the selection of new grantees by the Danish, DFID and Swiss-funded Governance Facility. 4 Review methodology The review is based on qualitative interviews carried out in 6 out of 12 Pahunch project districts along with the monitoring data provided by Search DMEA team. A total of 14 Focus Group Discussions (FGD) and 24 Key Informant Interviews (KII) and 3 large scale interactions were conducted in those districts with the partners, security and justice staKeholders, media partners and project participants. The review team also looKed at a number of documents related to the Pahunch project along with the DFID’s Annual Review 2016. The team reviewed the project under five evaluation criteria: Avenues for continued relevance in the evolving context including the state restructuring process and existing political dynamics; implementation process, effectiveness in achieving the desired results, coordination among partners; and implementation challenges. Relevance The project and its interventions are found to be highly relevant in the current context. The project has exhibited excellent adaptive tendencies based on the contextual realities, be it financial or geographic re-scoping, its expansion of staKeholders and relationships following the elections, or alignment with new processes. The government stakeholders, security and justice partners at the central level and the district level, and most importantly the poor, marginalized and women, have lauded the project for its value in helping them build relationships with security and justice officials thereby helping the gradual shift towards improving their access to security and justice services. Further, the importance of the community mediation center was highly appreciated by participants as well as security and justice officials for its role
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